BNM1 -v- Secretary of State for Defence (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2025-LON-002404

In the High Court of Justice
King’s Bench Division
Administrative Court

In the matter of an application for judicial review

25 July 2025

Before:

The Honourable Mr Justice Swift

Between:

The King
on the application of
BNM1
(Claimant)

-v-

Secretary of State for Defence
(Defendant)

and

(1) Secretary of State for the Home Department
(2) BNM2
(3) BNM3
(4) BNM4
(5) BNM5
(6) BNM6
(Interested Parties)

Order

On an application by the Claimant for directions for anonymity and for expedition of the claim

Following consideration of the documents lodged by the Claimant and the Defendant

ORDER by The Honourable Mr Justice Swift

  1. Pursuant to CPR 39.2(4) and/or the Court’s inherent jurisdiction and/or s. 6 of the Human Rights Act 1998:

(i) the Claimant’s name, and the names of the Second to Sixth Interested Parties are to be withheld from the public and must not be disclosed in any proceedings in public; and

(ii) the Claimant is to be referred to orally and in writing as BNM1, the Second to Sixth Interested Parties are to be referred to as BNM2 – BNM6, respectively.

  1. Pursuant to s. 11 of the Contempt of Court Act 1981, there must be no publication of the identity of the Claimant on the Second to Sixth Interested Parties or of any matter likely to lead to the identification of them in any report of, or otherwise in connection with, these proceedings.

3. Pursuant to CPR 5.4C(4):

(iii) the parties must within 7 days file a redacted copy of any statement of case filed, omitting the name, address and any other information likely to lead to the identification of the Claimant or the Second to Sixth Interested Parties;

(iv) if any statement of case subsequently filed includes information likely to lead to the identification of the Claimant or any of the Second to Sixth Interested Parties, a redacted copy omitting that information must be filed at the same time;

(v) unless the Court grants permission under CPR 5.4C(6), no non-party many obtain a copy of any unredacted statement of case.

  1. Any person wishing to vary or discharge paragraphs 1 – 3 of this Order must make an application, served on each party.

5. The application for expedition is refused insofar as it concerns the date for filing and service, by the Defendant and/or the First Interested Party of any Acknowledgement of Service and Summary Grounds of Defence. Those documents shall be filed and served in accordance with the provisions of CPR 54.8.

6. Following the due date for filing and service, pursuant to 5 above, the papers in this case shall, as soon as practicable, be referred to a judge for consideration of the application for permission to apply for judicial review. The remainder of the Claimant’s application for expedition shall be considered at that time.

REASONS

  1. Given the Claimant’s circumstances and those of the Second to Sixth Interested Parties (who are his family), as described at §§2 – 7, 20, 29, 44 and 62 of the Statement of Facts and Grounds, and given also the purpose of this claim, it is appropriate for them to be anonymised in these proceedings.
  2. I have decided not to shorten the period permitted for the Acknowledgement of Service and Summary Grounds of Defence as it will be important for the court to be fully informed of the Defendant’s response to this claim. The Defendant should have the time permitted under CPR 54.8. However, once that information has been provided, the Court should consider whether/in what way to expedite these proceedings, which concern the contention that the Defendant has unlawfully delayed taking a decision on the Claimant’s application under the ARAP scheme or otherwise, for be relocated to the United Kingdom. The Claimant’s application under the ARAP scheme (or relocation otherwise) appears to have been outstanding for a long time; that application ought to be considered on its merits, as soon as possible.

Date: 25 July 2025